Right to counsel
Legislation, Termination of Parental Rights (State) - Birth Parents
Under Tenn. Code Ann. § 37-1-126(a)(2)(B), a parent is entitled to appointment of counsel in "Termination of parental rights pursuant to § 36-1-113." It is unclear whether § 37-1-126 provides counsel for parents in termination of parental rights cases initiated by the state, as it references “termination of parental rights pursuant to § 36-1-113”, which is the Adoption Code. Terminations conducted pursuant to the Juvenile Code seemingly occur under Title 37 instead of Title 36. Tenn. Code Ann. § 37-1-147(a), which addresses termination of parental rights in juvenile court, specifies that “The juvenile court shall be authorized to terminate the rights of a parent or guardian to a child … pursuant to the procedures set forth in title 36, chapter 1, part 1.” However, it is unlikely that the Legislature would have intended to grant a right to appointed counsel for private terminations but not state-initiated terminations.
If "yes", the established right to counsel or discretionary appointment of counsel is limited in some way, including any of: the only authority is a lower/intermediate court decision or a city council, not a high court or state legislature; there has been a subsequent case that has cast doubt; a statute is ambiguous; or the right or discretionary appointment is not for all types of individuals or proceedings within that category.
Appointment of Counsel: categorical Qualified: yes